- Joined
- May 5, 2006
- Messages
- 1,777
imported post
http://www.thetimes-tribune.com/articles/2008/11/23/news/sc_times_trib.20081123.a.pg4.tt23update_s1.2104031_loc.prt
[align=center]
[/align] News NEWS UPDATES DC open-carry case slowly moves along Published: Sunday, November 23, 2008 4:19 AM EST DC open-carry case slowly moves along
A federal court case between several gun-rights advocates and Dickson City borough and its police officers is moving slowly along, with any trial — if the case goes that route — more than a year away.
The suit stems from a May 9 incident in which police asked for identification from a group of customers openly carrying firearms at Old Country Buffet in Dickson City.
At least one person, Richard Banks of Fairview Twp., Luzerne County, refused to provide a driver’s license and was detained. Roger McCarren of White Mills, Wayne County, had his gun taken because the state police gun sales database indicated it had been purchased by his wife, Darcie.
The plaintiffs’ attorney, Bob Magee, said both sides are taking depositions. It is too early to say if the case might be settled out of court, he said.
“A statistically large number (of cases) are settled,” he said. “We certainly haven’t started talking about it.”
Over the summer, defendants filed an answer to the original complaint filed in June that denied any police stop, search or seizure was illegal.
“The actions and conduct of the defendants, to the extent they occurred as alleged, were objectively reasonable under the circumstances of which defendants were then and there aware, and they enjoy a qualified immunity from all liability,” the defendants’ court filing reads.
http://www.thetimes-tribune.com/articles/2008/11/23/news/sc_times_trib.20081123.a.pg4.tt23update_s1.2104031_loc.prt
[align=center]
A federal court case between several gun-rights advocates and Dickson City borough and its police officers is moving slowly along, with any trial — if the case goes that route — more than a year away.
The suit stems from a May 9 incident in which police asked for identification from a group of customers openly carrying firearms at Old Country Buffet in Dickson City.
At least one person, Richard Banks of Fairview Twp., Luzerne County, refused to provide a driver’s license and was detained. Roger McCarren of White Mills, Wayne County, had his gun taken because the state police gun sales database indicated it had been purchased by his wife, Darcie.
The plaintiffs’ attorney, Bob Magee, said both sides are taking depositions. It is too early to say if the case might be settled out of court, he said.
“A statistically large number (of cases) are settled,” he said. “We certainly haven’t started talking about it.”
Over the summer, defendants filed an answer to the original complaint filed in June that denied any police stop, search or seizure was illegal.
“The actions and conduct of the defendants, to the extent they occurred as alleged, were objectively reasonable under the circumstances of which defendants were then and there aware, and they enjoy a qualified immunity from all liability,” the defendants’ court filing reads.